Adonay Munoz et al v. Expressway Deliveries, Inc. et al
| Oscar Landaverde and Adonay Munoz |
| Jason Molino, Richard Molino, Rapid Expressway Deliveries, Inc., Expressway Deliveries, Inc. and Does 1-20, inclusive |
| 2:2020cv09518 |
| October 16, 2020 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| John E McDermott |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 33
ORDER by Judge Stanley Blumenfeld, Jr.: The parties have stipulated to dismiss the action as follows: (a) the individual claims of Plaintiffs with prejudice against Defendants; and (b) the class claims without prejudice against Defendants #32 . Federal Rules of Civil Procedure 41 permits the Plaintiffs to dismiss an action without court order "by filing... a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have appeared in the action signed the stipulation, the action is dismissed. Accordingly, the Clerk of Court is DIRECTED to close this action. ( Case Terminated. Made JS-6. ) (gk)
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| Filing 32 STIPULATION to Dismiss Case pursuant to Settlement reached filed by Plaintiff Oscar Landaverde. (Attachments: #1 Proposed Order [Proposed] Order)(Kim, Sam) |
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Filing 31
ORDER TO SHOW CAUSE RE: DISMISSAL by Judge Stanley Blumenfeld, Jr.: The parties indicated that this case settled on 1/13/2021 #20 . IT IS HEREBY ORDERED that the parties are to show cause why the action should not be dismissed with prejudice on 3/5/2021 08:30 AM before Judge Stanley Blumenfeld Jr. If the parties file a proposed order to dismiss the entire action with prejudice by 2/26/2021, the OSC shall be taken off calendar without further notice. Otherwise, the parties shall appear at the OSC hearing, and the Court shall set a trial date. IT IS FURTHER ORDERED that all other hearings and deadlines are vacated. (gk)
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| Filing 30 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. The Court Grants the REQUEST to Withdraw NOTICE OF MOTION AND MOTION to Dismiss Case, Dkt. No. 20 (as to Adonay Munoz), filed by Defendants Jason Molino, Richard Molino, Rapid Expressway Deliveries, Inc. set for hearing on 1/15/21. No appearance is required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 29 REQUEST to Withdraw NOTICE OF MOTION AND MOTION to Dismiss Case #20 (as to Adonay Munoz) filed by Defendants Jason Molino, Richard Molino, Rapid Expressway Deliveries, Inc.. Request set for hearing on 1/15/2021 at 09:00 AM before Judge Stanley Blumenfeld Jr.. (Voigt, Shaun) |
| Filing 28 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr re: NOTICE OF MOTION AND MOTION to Dismiss Case #20 . The Court reschedules the time of the hearing on said Motion set for 1/15/2021 from 8:30 AM to 09:00 AM before Judge Stanley Blumenfeld Jr. to be heard remotely. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 27 MINUTES - IN CHAMBERS by Judge Stanley Blumenfeld, Jr.: The motion hearing was mistakenly removed from the 1/15/2021 calendar upon Defendant Oscar Landaverde's limited motion to withdraw. Defendant's motion to Dismiss #20 is still pending as to the remaining plaintiff, Adonay Munoz, on 1/15/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr. Absent the filing of a notice of settlement in advance of the hearing, the Court intends to hold the hearing and to treat the motion as unopposed. Court Reporter: Not Present. (gk) |
| Filing 26 MINUTES (IN CHAMBERS) by Judge Stanley Blumenfeld, Jr.: The Court Grants Defendant's Request to Withdraw the Motion to Dismiss #20 , #24 . All other dates set shall remain. Court Reporter: N/A. (gk) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Withdraw NOTICE OF MOTION AND MOTION to Dismiss Case #20 (as to Plaintiff Oscar Landaverde only) #24 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Notices > Withdrawal (Document of Motion). The filer used the event, Applications/Ex Parte Applications/Motions/Petitions/Requests > Withdraw Motion/Application/Request/Ex Parte Application, for docketing this filing, and set the Notice of Withdrawal for hearing on 1/15/2021 at 8:30 AM. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 24 REQUEST to Withdraw NOTICE OF MOTION AND MOTION to Dismiss Case #20 (as to Plaintiff Oscar Landaverde only) filed by Defendant Rapid Expressway Deliveries, Inc.. Request set for hearing on 1/15/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Voigt, Shaun) |
| Filing 23 MINUTES OF Scheduling Conference held before Judge Stanley Blumenfeld, Jr.: The DOE defendants are dismissed without objection. The Court has reviewed the Joint Rule 26(f) report and the stipulation to extend time to allow for additional discovery for class certification and sets the pretrial and trial dates. Jury Trial set for 10/18/2021 08:30 AM before Judge Stanley Blumenfeld Jr. Final Pretrial Conference and Hearing on Motions in Limine set for 10/1/2021 11:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 2/19/2021. Non-Expert Discovery cut-off 5/28/2021. Discovery Motion Hearing Deadline 6/25/2021. Non-Discovery Motion Hearing Deadline (including class certification) 7/9/2021. Settlement Conference Deadline 7/23/2021. Post-Settlement Status Conference set for 8/6/2021 08:30 AM before Judge Stanley Blumenfeld Jr. Status Report Due 8/3/2021. Trial Filings (First Set) Deadline 9/3/2021. Trial Filings (Second Set) Deadline 9/17/2021. See document for further details. Court Reporter: Katie Thibodeaux. (gk) |
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Filing 22
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #18 , IT IS HEREBY ORDERED that the deadline for Jason Molino, Richard Molino, and Rapid Expressway Deliveries, Inc. to file a responsive pleading to the First Amended Complaint is extended to 12/11/2020. (gk)
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| Filing 21 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by Defendants Jason Molino, Richard Molino, Rapid Expressway Deliveries, Inc.. (Voigt, Shaun) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Jason Molino, Richard Molino, Rapid Expressway Deliveries, Inc.. Motion set for hearing on 1/15/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Proposed Order) (Voigt, Shaun) |
| Filing 19 Joint STIPULATION to Continue Deadline to File Class Certification Motion from April 16, 2021 filed by Plaintiff Adonay Munoz. (Attachments: #1 Proposed Order [Proposed] Order Granting Deadline to File Class Certification Motion)(Mahoney, Kevin) |
| Filing 18 Joint STIPULATION for Extension of Time to File Answer to December 11, 2020 re Amended Complaint, filed by Defendants Jason Molino, Richard Molino, Rapid Expressway Deliveries, Inc.. (Attachments: #1 Proposed Order)(Voigt, Shaun) |
| Filing 17 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-14 Days, filed by Plaintiff Oscar Landaverde.. (Kim, Sam) |
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Filing 16
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #15 , IT IS HEREBY ORDERED that the deadline for Defendants Richard Molino, Rapid Expressway Deliveries, Inc., and Jason Molino to file a responsive pleading is extended to 11/27/2020. The parties are advised that this extension will not extend the case management deadlines that will be set in the event the case does not settle. (gk)
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| Filing 15 Joint STIPULATION Extending Time to Answer the complaint as to Richard Molino answer now due 11/27/2020; Rapid Expressway Deliveries, Inc. answer now due 11/27/2020; Jason Molino answer now due 11/27/2020, re Amended Complaint, filed by Defendants Richard Molino; Rapid Expressway Deliveries, Inc.; Jason Molino.(Attorney Shaun J Voigt added to party Jason Molino(pty:dft), Attorney Shaun J Voigt added to party Richard Molino(pty:dft))(Voigt, Shaun) |
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Filing 14
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr.:Date: December 18, 2020, Time: 8:30 a.m., Courtroom: 6C. READ THIS ORDER CAREFULLY BECAUSE IT CONTROLS THIS CASE AND DIFFERS IN PART FROM THE LOCAL RULES. (see document for further details) (bm)
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| Filing 13 STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE STANLEY BLUMENFELD, JR.: READ THIS ORDER CAREFULLY BECAUSE IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (see document for further details) (bm) |
| Filing 12 CERTIFICATE OF SERVICE filed by Defendant Rapid Expressway Deliveries, Inc., served on 10/22/2020. (Voigt, Shaun) |
| Filing 11 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 10 NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge John E. McDermott. (esa) |
| CONFORMED COPY OF COMPLAINT (BC668667) against defendants Does, Expressway Deliveries, Inc) Jury Demanded., filed by plaintiff Adonay Munoz. (filed in state court 7/17/17, submitted as document 1, attachment 1) (esa) |
| CONFORMED COPY OF COMPLAINT (BC682811) against defendants Does, Expressway Deliveries, Inc., Jury Demanded, filed by plaintiff Oscar Landaverde. (filed in state court 11/9/17, submitted as document 1, attachment 3) (esa) |
| COPY OF FIRST AMENDED COMPLAINT (BC668667) against defendants Does, Expressway Deliveries, Inc., filed by plaintiff Adonay Munoz. (non-conformed, submitted as document 1, attachment 2)(esa) |
| CONFORMED COPY OF ANSWER to First Amended Complaint filed by defendant Expressway Deliveries, Inc. (filed in state court 9/11/18, submitted as document 2, p. 115)(esa) |
| COPY OF FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT (BC668667) against defendants Does, Expressway Deliveries, Inc., Jason Molino, Richard Molino, Rapid Expressway Deliveries, Inc., filed by plaintiffs Adonay Munoz, Oscar Landaverde. (non-conformed, submitted as document 1, attachment 4)(esa) |
| Filing 9 CIVIL COVER SHEET filed by Defendant Rapid Expressway Deliveries, Inc.. (Voigt, Shaun) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT (and Certificate of Interested Parties) filed by Defendant Rapid Expressway Deliveries, Inc. (Voigt, Shaun) |
| Filing 7 NOTICE of Related Case(s) filed by Defendant Rapid Expressway Deliveries, Inc.. (Voigt, Shaun) |
| Filing 6 DECLARATION of Shaun J. Voigt re Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendant Rapid Expressway Deliveries, Inc.. (Voigt, Shaun) |
| Filing 5 EXHIBIT Filed filed by Defendant Rapid Expressway Deliveries, Inc.. (Exhibit F) as to Notice of Removal (Attorney Civil Case Opening),, #1 . (Voigt, Shaun) |
| Filing 4 EXHIBIT Filed filed by Defendant Rapid Expressway Deliveries, Inc.. (Exhibit E - Part 3 of 3) as to Notice of Removal (Attorney Civil Case Opening),, #1 . (Voigt, Shaun) |
| Filing 3 EXHIBIT Filed filed by Defendant Rapid Expressway Deliveries, Inc.. (Exhibit E - Part 2 of 3) as to Notice of Removal (Attorney Civil Case Opening),, #1 . (Voigt, Shaun) |
| Filing 2 EXHIBIT Filed filed by Defendant Rapid Expressway Deliveries, Inc.. (Exhibit E - Part 1 of 3) as to Notice of Removal (Attorney Civil Case Opening),, #1 . (Voigt, Shaun) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC668667 Receipt No: ACACDC-28578602 - Fee: $400, filed by Defendant Rapid Expressway Deliveries, Inc.. (Attachments: #1 Exhibit Exhibit A - 07.17.2017 Munoz Summons&Complaint, #2 Exhibit Exhibit B - 08.10.2018 Munoz First Amended Complaint, #3 Exhibit Exhibit C - 11.09.2017 Landaverde Summons&Complaint, #4 Exhibit Exhibit D - 09.10.2020 Consolidated Summons&Complaint) (Attorney Shaun J Voigt added to party Rapid Expressway Deliveries, Inc.(pty:dft))(Voigt, Shaun) |
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